Q: My mother passed 11/17. I was durable POA. House for sale prior to passing. House is now in contract. Can house sell?
My mother had me place the house up for sale prior to her passing with a realtor and they had the POA on file, with me as the one to do business with. In her will, not a formal one but notarized, there is no one listed as executor, only me: "I leave all of my worldly possessions to my only child, xxxxxxx xxxxxxx xxxxxx". I received a phone call two weeks ago from the realtors who have been handling the account, where I was informed of a buyer. I stated that was great and I signed papers that were sent to me. I had also just started looking for help with Probate as I am only 35 and my mom was only 59 when she passed. I did not really know about this process and only just started. So, the house has a buyer. The bank account where my mom had her personal loan through (not traditional mortgage), has me already added to the account prior to her passing. She has no other Estate. Do I need a lawyer to complete the sale on the house? Can the sale occur and transfer title to the buyer
A:
A Power of Attorney only has legal effect while the person who granted it is alive. It does not give you any authority to sign the closing documents now that your mother is dead.
Take your mother's Will to a local probate lawyer. There is a way to probate (prove) Wills which do not name an executor or grant a power of sale. There is also a way to probate an estate when there is no Will.
The court will appoint an executor of the Will with authority to sell property.
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